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O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT

filed November 10, 2023 under Employment Standards Act, 2000, S.O. 2000, c. 41

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ontario regulation 340/23

made under the

Employment Standards Act, 2000

Made: November 9, 2023
Filed: November 10, 2023
Published on e-Laws: November 10, 2023
Published in The Ontario Gazette: November 25, 2023

Amending O. Reg. 288/01

(TERMINATION AND SEVERANCE OF EMPLOYMENT)

1. Subsections 3 (2) and (3) of Ontario Regulation 288/01 are revoked and the following substituted:

(2) The following information is prescribed for the purposes of clauses 58 (2) (a), (b) and (c) of the Act:

1.  The employer’s name and mailing address.

2.  Subject to subsection (3), the location or locations where the employees whose employment is being terminated work.

3.  Subject to subsection (3), the number of employees working at each location who are paid,

i.  on an hourly basis,

ii.  on a salaried basis, and

iii.  on some other basis.

4.  Subject to subsection (3), the number of employees whose employment is being terminated at each location who are paid,

i.  on an hourly basis,

ii.  on a salaried basis, and

iii.  on some other basis.

5.  The number of employees who perform work at a location that is the private residence of the employee if the employee does not perform work at any other location where the employer carries on business, and who are paid,

i.  on an hourly basis,

ii.  on a salaried basis, and

iii.  on some other basis.

6.  The number of employees who perform work at a location that is the private residence of the employee if the employee does not perform work at any other location where the employer carries on business, whose employment is being terminated and who are paid,

i.  on an hourly basis,

ii.  on a salaried basis, and

iii.  on some other basis.

7.  The date or dates on which it is anticipated that the employment of the employees referred to in paragraphs 4 and 6 will be terminated.

8.  The name of any trade union local representing any of the employees whose employment is being terminated.

9.  The economic circumstances surrounding the terminations.

10.  The name, title and telephone number of the individual who completed the form on behalf of the employer.

(3) The prescribed information in paragraphs 2, 3 and 4 of subsection (2) does not include a location that is a private residence of an employer’s employee.

(3.1) The employer shall provide the information referred to in subsection (2) to the Director by setting it out in the form approved by the Director for the purposes of clause 58 (2) (a) of the Act and,

(a)  delivering it to the Director’s office on a day and at a time when it is open;

(b)  mailing it to the Director’s office using a method of mail delivery that allows delivery to be verified; or

(c)  sending it to the Director’s office by fax or email.

(3.2) Information provided under subsection (3.1) shall be deemed to be provided,

(a)  in the case of a delivery under clause (3.1) (a), on the day shown on a receipt or acknowledgment provided by the Director or a representative of the Director;

(b)  in the case of mail under clause (3.1) (b), on the day shown in the verification; and

(c)  in the case of a fax or email under clause (3.1) (c), on the day on which the fax or email is sent, subject to subsection (3.3).

(3.3) Information shall be deemed to be provided on the next day on which the Director’s office is not closed, if the fax or email is sent,

(a)  on a day on which the Director’s office is closed; or

(b)  after 5 p.m. on any day.

(3.4) The employer shall provide the information referred to in subsection (2) to the affected employees by setting it out in the form approved by the Director for the purposes of clause 58 (2) (c) of the Act and serving it on the employee in accordance with section 95 of the Act.

Commencement

2. This Regulation comes into force on the day it is filed.

 

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